Section 675.90  Evaluation of Providers' Performance, Providers' Status, Sanctions, and Removal

a)         For each SES reporting period, ISBE shall evaluate each provider's performance in each district the provider serves based upon students' achievement, students' attendance, and parents' satisfaction.  Separate evaluations shall be performed for each subject tutored by a provider.  Achievement shall be measured by calculating an "effect size" in accordance with the provisions of Appendix A to this Part based upon the assessment results attained by students who have received at least 18 hours of instruction in the same provider's program.  Attendance shall be measured by the information submitted to ISBE through its tracking system for students' enrollment and progress and by means of a survey administered by ISBE to all providers.  Parental satisfaction shall be measured by a survey administered by ISBE to parents of students receiving services.  Providers and school districts shall cooperate with ISBE to facilitate the administration of all surveys.

b)         For each of the criteria outlined in subsection (a) of this Section, ISBE will determine, based upon the evaluation rubric set forth in Appendix B to this Part, whether the provider's performance in each subject tutored falls into the category of "insufficient information", "below standards", "meets standards", or "above standards".  Based on these determinations, ISBE will assign each provider the status of "good standing", "probationary status 1", or "probationary status 2", in accordance with the decision tree displayed in Appendix C to this Part.  Each provider's status shall be determined on a statewide basis for each subject tutored.

c)         If a provider's compliance with State or federal requirements or interactions with districts or parents indicate areas for improvement that are not serious enough to warrant corrective action under subsection (h) of this Section, the provider's status may also be assigned "with reservations".  A provider assigned any status with reservations that fails to address the identified areas for improvement during the next SES reporting period shall be placed into corrective action in accordance with subsection (h) of this Section.

d)         A provider assigned the status of good standing shall not be required to take any action in response, other than addressing any reservations during the next SES reporting period.

e)         A provider assigned to probationary status 1 shall submit a remedial action plan describing the policies and practices the provider will immediately implement to return its status to good standing, including:

1)         specific, measurable steps to be taken;

2)         a timeline for these activities; and

3)         a budget for these activities.

f)         A provider assigned to probationary status 2 shall submit a reconstitution plan setting forth substantial changes the provider will immediately implement to return its status to good standing, including:

1)         a fundamental revision to the program described in the provider's approved application;

2)         professional development activities for all the provider's instructional staff serving the district;

3)         a plan of outreach to promote effective parental involvement in the provider's program;

4)         for each aspect described pursuant to subsections (f)(1) through (3) of this Section:

A)        the specific, measurable steps to be taken;

B)        a timeline for these activities; and

C)        a budget for these activities; and

5)         a process for monitoring progress and revising the plan as needed.

g)         A provider that receives three consecutive determinations of probationary status 1 or lower with respect to any particular district shall be removed from the State-approved list, except that a provider that receives two consecutive determinations of probationary status 2 shall be removed.

h)         The State Superintendent of Education may require corrective action of a provider if compliance issues are raised through ISBE's monitoring of the provider's program.  Providers placed in corrective action under this subsection (h) shall, within 30 days after receiving notice to this effect, submit to the State Superintendent of Education for approval a corrective action plan detailing how the provider intends to improve the deficiencies in its program.  A provider shall be removed from the State-approved list if it fails to meet the requirements of its corrective action plan by the end of the SES reporting period following the provider's placement into corrective action.

i)          The State Superintendent of Education may immediately suspend a provider's services if ISBE determines that a threat exists to the health or safety of students or if necessary to investigate or remedy concerns regarding compliance issues or illegal practices allegedly engaged in by the provider.

j)          The State Superintendent of Education may remove a provider from the State-approved list upon 30 days' written notice if the provider has engaged in illegal or deceptive practices, violated any assurance or aspect of its application to ISBE, violated any assurance or aspect of a plan submitted to ISBE in accordance with this Section, falsified any information on its application or other reports to ISBE, or otherwise violated State or federal law.

k)         Any corrective action or termination rights ISBE has pursuant to this Part may be exercised solely with respect to the provider's program in one or more schools or districts, if the performance issues are localized.

(Source:  Amended at 33 Ill. Reg. 8497, effective June 1, 2009)